If the district heating company has filed a claim for payment for heat supplied to non-residential premises, such as a shop, office or studio, it is important to know that business heat consumption requires a written contract between the customer and the heat transmission company under Article 149(1)(3) of the Energy Act. Without such a contract, no valid contractual relationship arises and the heating company cannot claim payment on contractual grounds.
This means that the heating company can sue only on the basis of unjust enrichment. To succeed, it must prove:
- that you actually used the premises during the period in dispute;
- that heat was actually supplied;
- that you benefited by saving expenses;
- that there was no other legal basis for the transfer of value.
If the premises were not used, were empty, closed or inaccessible, or if the heating company cannot prove actual consumption, the claim may be dismissed.
